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Hauliers must now be aware that the new powers for issuing graduated fixed penalties for a range of vehicle related offences at the roadside is in force, writes Vikki Woodfine of Aaron & Partners, UKWA’s honorary legal advisor.

Hauliers must now be aware that the new powers for issuing graduated fixed penalties for a range of vehicle related offences at the roadside is in force. However, VOSA have stated that they will not begin issuing graduated fixed penalties until the end of May 2009, despite the new powers coming into force on 1 April 2009. VOSA have indicated that the reason for this is so the they can ensure that hauliers are aware of the new legislation and what it means.

However, police forces have commenced issuing graduated fixed penalties from the 1 April 2009.

Meanwhile, a late addition to the legislation provides VOSA and police with the power to impose a £200 fixed penalty on foreign hauliers for unlawful cabotage.

The new regime – in brief

In brief, from 28 May VOSA officers will begin to issue fixed penalties for offences committed by drivers at the time of roadside enforcement checks. Fixed penalties will be graduated for various offences such as drivers' hours and overloading offences, according to the seriousness of the breach.

Any drivers that are unable to provide a satisfactory UK address will be asked to pay a deposit equal to the likely penalty on the spot. Foreign drivers employed by UK operators may be caught by this. It is not yet clear whether the authorities will accept the employers address for these purposes. However, please note that Aaron & Partners LLP are willing to provide a UK address for your drivers (in some circumstances), please contact Vikki Woodfine (details below) to discuss this further.

VOSA will immobilise prohibited vehicles in certain circumstances, (including cases where the driver has not yet made, or has refused to make, a requested financial penalty deposit payment). The purpose of the immobilisation provisions is to help enforce (and ensure compliance with) prohibitions and the requirement to pay a requested financial penalty deposit.

Operator licence holders will be required to notify their Traffic Commissioner of fixed penalties issued to their drivers and Operator Compliance Risk Score (“OCRS”) scores will also be affected by the receipt of such penalties. The Traffic Commissioners have, we believe, confirmed that fixed penalties will go to an operator’s repute. Therefore, it is important that drivers do not simply accept fixed penalties where it is felt that the basis on which it is being served is incorrect, as operators whose drivers collect a series of these penalties will undoubtedly find themselves called to Public Inquiry very quickly.

VOSA will maintain a driver offence record of fixed penalties issued, where a driver will incur points based on the graduated fixed penalty band. When a driver reaches a threshold of 12 points VOSA will consider further action, such as a warning letter, or a referral to a Traffic Commissioner who may consider taking action against the driver's vocational entitlement. This is in addition to the points endorsed on a driver’s licence for moving traffic and certain other offences.

Please note that companies based in Northern Ireland must also take particular care in this area as well, as although as yet such operators cannot be called before a Traffic Commissioner for a Public Inquiry, there is so much intelligence that is now being sent by GB Police and VOSA to the DoE and the DVA, that such operators could find action being taken against their licences in Northern Ireland as a result of offences in GB. The DoE and the DVA are now looking to offences committed outside of their jurisdiction as possible evidence against an operator’s repute.

For advice on this or any other Road Transport or Regulatory Law issues contact Vikki Woodfine on 01244 405554. Vikki can also assist GB operators who have queries relating to any VOSA intelligence held against them and their OCRS scores and will be happy to offer short free consultations to operators in this regard.